In New Jersey, racial discrimination is banned under both the U.S. Constitution and Title VII of the U.S. Code. These laws prohibit employers from taking race into account in procedures for hiring, deciding wage levels, or promotions and benefits.
What Must Be Proven in a Discrimination Claim?
The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the issue to court. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.
The Rutherford plaintiff must additionally be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can a Rutherford Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. Laws governing the procedures in discrimination will vary considerably depending on where the claim is filed, and Rutherford attorneys will be able to help you with the requirements for your particular region. A good New Jersey attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.